Rent increase and additional costs added

punisher5112

1800 is ridiculous money....

gauchesnell

sorry I commute by bus and luckily I get a seat.

Dun Laoghaire would mean a train....trains are ok but steps up and down are not the best for me. Standing on a train wouldn't be good either. There are big gaps between the platform and the train sometimes which arent good for me

sorry medically I am not fit to drive...thanks for the suggestion though.

1800 is ridiculous money I agree

It is registered with the rtb...I am not familair with how you get it back through them though.

_brendand_

gauchesnell wrote: »

sorry I commute by bus and luckily I get a seat.

Dun Laoghaire would mean a train....trains are ok but steps up and down are not the best for me. Standing on a train wouldn't be good either. There are big gaps between the platform and the train sometimes which arent good for me

sorry medically I am not fit to drive...thanks for the suggestion though.

1800 is ridiculous money I agree

It is registered with the rtb...I am not familair with how you get it back through them though.

It's good it's registered with the RTB, the landlord may now only withold monies for genuine provable reasons such as damage to fixtures/fittings. Trust us when we say you *will* get it back, eventually.

I'm starting to understand how significant your mobility issues are. There are buses from Dun Laoghaire and while they wouldn't be as fast as the train they'd still be a long way under an hour. Not positive about getting a seat, that's entirely dependent on the route and time of day. You should be able to request a seat from someone, any reasonable person would offer their seat to someone with MS, not sure how obvious it is in your case.

spaceHopper

After 6 months you get part for tenancy rights he can't evict you and his charges sound fishy to me, they should be build in the the rent. He cant charge you for taking care of the common areas, he offsets that cost against tax.
If you are struggling financially and have a good job you need to look for some help, firstly read up on your tenancy right http://www.citizensinformation.ie/en/categorytree.html

Then contact MABS about managing your money, are you paying back debts? Can you get a part time job too. One or two evenings a week in a bar?

Browney7

spaceHopper wrote: »

After 6 months you get part for tenancy rights he can't evict you and his charges sound fishy to me, they should be build in the the rent. He cant charge you for taking care of the common areas, he offsets that cost against tax.
If you are struggling financially and have a good job you need to look for some help, firstly read up on your tenancy right http://www.citizensinformation.ie/en/categorytree.html

Then contact MABS about managing your money, are you paying back debts? Can you get a part time job too. One or two evenings a week in a bar?

I would think 2 or three evenings a week doing bar work on top of a regular office job would be taxing enough for most people let alone someone suffering with MS and mobility issues.

OP, there's a multitude of places available on the north side on bus routes where you'd get a seat (Luas in phibsboro/Cabra too) for less than 1800 let alone 2100.

You'd easily get a house share too in a short term - turn up for one advertised for 600 or 700 a month and offer 900 for three months and they'd snap your hand off (as an extreme example)

Also, I imagine the media and our amigos on the hard left would love any story relating to a landlord forcibly and illegally removing someone from their rental property with health issues who had been paying 1800 per month and would "assist" you!

gauchesnell

Thanks everyone...I have a lot of research to do. The bar work suggestion made me laugh. I work Monday to Friday and sometimes Saturday. Normally gone 7am to 7pm etc with travel...so no couldnt do bar work aswell even if I was able to stand for long periods. Thats though I appreciate it.

I dont have any debts....looking into getting a loan to cover the additional costs of the maintenance charges if I have to pay them.

I dread the thought of queuing up again looking for somewhere to rent but if I have to I have to.

Thankfully any mobility issues I have are ok at the moment....steps up to apts, steps when taking the train etc are not good. I can stand on the bus but not for that long

I have to think long and hard what to do. The main thing I have learnt is while I have rights I wasnt aware of there is no way to enforce them. It would mean a legal case ...and then still have to move anyway.

.......

gauchesnell wrote: »

I have to think long and hard what to do. The main thing I have learnt is while I have rights I wasnt aware of there is no way to enforce them. It would mean a legal case ...and then still have to move anyway.

It really comes down to who has the harder neck.

You could refuse to pay the increase, refuse to move out when the part 4 is up and the LL would be left in the position that he might not be able to get you out of there for about 2 years (by the time all avenues were exhausted and he followed due process). You could even stop paying rent in this time and he would be just stuck. And you could finally leave and leave the place wrecked and he wouldnt have much comeback.

But you would have it in you to do all of the above? Probably not.

But if you did - the LL is in just as much of a bind as you are regarding legal processes and having to wait it out.

AlmightyCushion

gauchesnell wrote: »

Thanks everyone...I have a lot of research to do. The bar work suggestion made me laugh. I work Monday to Friday and sometimes Saturday. Normally gone 7am to 7pm etc with travel...so no couldnt do bar work aswell even if I was able to stand for long periods. Thats though I appreciate it.

I dont have any debts....looking into getting a loan to cover the additional costs of the maintenance charges if I have to pay them.

I dread the thought of queuing up again looking for somewhere to rent but if I have to I have to.

Thankfully any mobility issues I have are ok at the moment....steps up to apts, steps when taking the train etc are not good. I can stand on the bus but not for that long

I have to think long and hard what to do. The main thing I have learnt is while I have rights I wasnt aware of there is no way to enforce them. It would mean a legal case ...and then still have to move anyway.

For a start, you should not get a loan to cover your rent. That's a terrible idea. This is an illegal increase and yes if you resist it, it's possible the landlord could technically change the locks and leave your stuff out on the street I doubt he would do that.

He can't keep your deposit. He can try but if you open a case with the PRTB you will get it back. Obviously that will take some time. Don't let your fear of the worst case scenario (and getting thrown out and him keeping your deposit is exactly that, chances are that won't happen) put you in to debt and leave you being taken for a ride by this guy. If you put up with it this time, what will happen a year from now? You already accepted a massive illegal increase sure what's another one. What would you do then? Take on more debt?

But ultimately you need to find somewhere else to live. You're paying way over the odds for where you live now and you can barely afford it as it is.

Babooshka

gauchesnell wrote: »

My job is in Dublin - permanent job and nope it is not movable.

Would I move out of Dublin if I could.

in a heartbeat lol

I didnt think myself 1800 was that high...not compared to colleagues/friends who also live in Dublin. Good to know.

When I looked 2 years ago there was a decent amount of properties within my price range. Would they accept me as a tenant...no. I found it very very difficult to get offered anywhere

I am restricted as to how far I can move out in Dublin/other areas - e.g. dun longhair too far. Apologies if I give the impression I can afford 1800 a month...I cant. I pay rent, food, travel costs...and thats it. Like a lot of people I cant afford it but I dont have a choice. I cant afford the 4% increase but I have to pay it. I defo cant afford the additional maintenance charge...that will prob have to be a loan.

I am worried aswell the LL would keep my deposit if I say anything...3600 is a lot of money to me. Legally can he..no...but realistically he could.

You could look along the luas line further out, Citywest for example, you are one of the first on the luas and will always get a seat for your condition and the rents are not as extortionate.

Babooshka

https://www.daft.ie/dublin/apartments-for-rent/citywest/belfry-hall-citywest-dublin-1867257/

This for example

.......

Babooshka wrote: »

You could look along the luas line further out, Citywest for example, you are one of the first on the luas and will always get a seat for your condition and the rents are not as extortionate.

Yeah I was thinking of the Ballycullen Road area of Firhouse, near the bus terminus - so youd always get a seat.

Although Im not sure how long the commute is by bus from there. But anywhere near a bus terminus should work so long as the commute is reasonable.

Babooshka

....... wrote: »

Yeah I was thinking of the Ballycullen Road area of Firhouse, near the bus terminus - so youd always get a seat.

Although Im not sure how long the commute is by bus from there. But anywhere near a bus terminus should work so long as the commute is reasonable.

Yes although rents out there may be a bit higher as they try to pretend they are Knocklyon not Ballycullen I know as I live out there heh heh. Seriously though OP if you think he's going to be nasty about this, start looking, life's too short for huge fights but I would start with a frank conversation and try to be as nice but firm as possible, you do have rights as others pointed out, however there's rights and there's real life stress involved when dealing with sharks so mind yourself. Some more apartments in Citywest when I did a search that are really nice.

TheChizler

OP you keep assuming that the worst case scenario is almost a certainty. You need to stop thinking like this. It's pretty rare for for someone to be illegally evicted like you think, it only really happens to people who don't know their rights and the landlord knows this. Read the info on the RTB website and make the landlord aware that you know your rights if you need to. He would have to be a complete idiot to evict you or keep your deposit for a trivial reason, and so far the only indication that he might consider doing either of those things is your fear of it happening. Would you walk down a dark street handing your money to people on the off-chance they're going to mug you and take it anyway?

The landlord is a chancer to propose the new charges but that's no indication he'll do anything else.

dennyk

TheChizler wrote: »

It's pretty rare for for someone to be illegally evicted like you think, it only really happens to people who don't know their rights and the landlord knows this.

Exactly this; if the landlord knows you are aware of your rights and you're willing to stand up for them, then he knows that illegally evicting you would come back to bite him in the end and leave him worse off, so he therefore has no rational reason to do it. Sure, a few landlords might do such things, but generally it's only when they think their tenants don't know the laws and will just passively accept it rather than fighting back, or when the landlords are simply clueless about the laws themselves (and yours obviously knows the rules, given the way he's trying to get clever about circumventing them).

.......

dennyk wrote: »

Exactly this; if the landlord knows you are aware of your rights and you're willing to stand up for them, then he knows that illegally evicting you would come back to bite him in the end and leave him worse off, so he therefore has no rational reason to do it. Sure, a few landlords might do such things, but generally it's only when they think their tenants don't know the laws and will just passively accept it rather than fighting back, or when the landlords are simply clueless about the laws themselves (and yours obviously knows the rules, given the way he's trying to get clever about circumventing them).

Yeah but if he wants more money now, then you can be pretty much guaranteed that when the part 4 is up and he can evict legally he will do so.

Browney7

....... wrote: »

Yeah but if he wants more money now, then you can be pretty much guaranteed that when the part 4 is up and he can evict legally he will do so.

Yes and the OP finds somewhere then. Or else the OP breaks their back getting into debt or else finds somewhere else now.

muminpajamas

As a side note OP have you considered putting CCTV in your flat? The fact that he walked into your home without permission is pretty scary. I'd also be recording all his phone calls.

.......

Browney7 wrote: »

Yes and the OP finds somewhere then.

Oh yeah, Id kick the can down the road myself, but its important for the OP that she has all the info.

2 years will pass in a flash and the rental market isnt getting any better either.

punisher5112

Do not take out a loan.

Do not make any contact with the LL and if you have any issues report to the rtb.


Make sure to follow everyone's advice and I would suggest looking at what other similar properties are getting in the area and also even with the 4% raise if it's well over contact the rtb.

Do not pay any extras.

Do not sign a new lease and state you are on part 4.

Do everything in writing or email.

No more phone calls and if he wants to meet you call the shots and arrange at a time that suits you.

You have the legal backing and rights and you need to stand up for yourself.

It can be difficult and intimidating but you need to look after yourself and your health..

This property is your home and you should feel safe and have full uninterrupted use.

If he tries anything else state he is not to enter your home again either and if he does call 999.

Don't go looking for confrontation but be serious and firm and you will be fine.

This LL in no way will turf you or your property out and as mentioned if he actually did he would be in serious trouble and it would be extremely costly.

Have you any close friends you could have over to help?

muminpajamas

The free legal aid clinic helped me a lot when I was having problems with my landlord:
www.flac.ie

_brendand_

I think with all the information we have at hand, it's fairly clear that it's not in the OPs best interests to try and fight their landlord as much as they have the right too. The landlord is ripping them off as it stands and they could be in a much more comfortable position rent-wise with a bit of effort. Getting a loan to meet the landlords demands is really a very bad idea. OP if you think you need help trying to find new accommodation, feel free to DM me with more details and I can give some more detailed advice.

5uspect

Can you clear something up OP? You commute 90 minutes by bus from a city centre flat to your place of work also in the city? This doesn’t seem right.

_brendand_

5uspect wrote: »

Can you clear something up OP? You commute 90 minutes by bus from a city centre flat to your place of work also in the city? This doesn’t seem right.

I thought so too but when you factor in her MS/mobiiity issues and the *utter garbage* that is Dublin Bus, I can see it taking that most days. Would be good to get clarification though.

gauchesnell

Thanks alll....I have a lot to think about. I am going to head home for the weekend as I am feeling a bit stressed about it all and a bit anxious being in my home in case he calls looking for the cash.

90s mins is just me being stuck in traffic really. Dublin bus is good in that the bus can lower itself if needed and can move itself closer to the foothpath if needed. Sorry I dont live in the city centre. I was able to get a nice flat in south dublin - suits me ok as its ground floor no steps and all on one level. At the moment I only have a cane when needed...sometimes I have to use my crutches. It does take a bit to get to bus stop I will admit.

Longest I spent stuck in traffic was nearly 2 hours.

so commuting from dublin south to city centre...just traffic.

I think maybe cos I found it so difficult last time to find accommodation is what is making me nervous. Not everyone wants to share their accommodation with someone like me.

LuckyLloyd

Mrs OBumble wrote: »

There's a lot of well meaning legal-beaglese being spoken here.

What specifically can the OP do if the LL sends a couple of lads around to change the locks. Where does s/he put his/her stuff, and sleep that night?

It may be illegal - but the guards won't get involved ( civil matter). Threshold give warm fuzzy advice but don't do in person enforcement.

Remember, speeding is illegal. So is wife beating and shoplifting. But they still happen every day.

Never let fear or intimidation override your rights. You would cope in the short term and you'd ultimately have him in court clean and clear. The law protects the OP, tacking 10% on for "maintenance charges" is illegal and the correct answer here is to refuse paying it.

LuckyLloyd

gauchesnell wrote: »

Yeah I think its either stay and pay up or move really. Its just sad. I agree my LL is prob taking advantage of me...and my complete lack of knowledge of the law. I am stressed really about finding somewhere else....and this possibly happening again.

There seems to be a lot legal stuff being quoted here that I wasnt aware of but again there is nothing stopping him or kicking me out legal or not. Maybe its me and I wouldnt have the confidence to challenge him but it is just so risky to lose where you live and try and find somewhere new

You need personal advice rather than renting advice tbh. You start by saying "no", and you play it out from there. If you never learn to say "no" to things, and never learn to pursue your entitlements it won't just be this situation that proves stressful. Constant things in your life will be difficult.

Bottom line for those without fear:

- the proposed increase is illegal
- always move these conversations to emails / texts / writing
- record everything
- articulate inaccuracies / breaches of law directly and in writing in the first instance. Most of the time, people will back down when you display a knowledge of your entitlements

AlmightyCushion

Actually, is the 4% increase even legal? Landlords can't increase rent higher than the current market value. The op is paying €1800 for a 1 bed apartment which as most agree is crazy money. Chances are that's well above market rates for even a good quality 1 bed in a good area so the landlord technically can't increase the rent here. Am I right?

April 73

I must admit to scratching my head a bit at this thread. To me the simple solution is to assert your legal rights as a tenant - which are strongly in the OP’s favour here. Has there ever been any indication that this LL is the type to come in & throw the OP out on the streets & change the locks? I’d say no. In fact the LL knows something about the rental legislation (by raising rent by 4% and trying to swerve the limit by increasing additional costs). I suspect if challenged the LL will back down.

That said I can understand the OP’s trepidation. I checked the 1 bed rental prices in Dublin & they are horrific. In many cases even higher than is currently being paid. I’d be looking at trying to rent a two-bed & sublet the second room (assuming your lease will allow up to do that). It would be far better value.

Tiddlypeeps

Tiddlypeeps wrote: »

....... wrote: »

Im not debating this further.

The Guards will not get involved. Its a civil matter.

Trespass is a criminal offence.

http://www.irishstatutebook.ie/eli/1994/act/2/section/13/enacted/en/html

Not replying to further "debate", just making sure anyone reading this who it might effect consults the actual law and doesn't just let a landlord run roughshod over them because some randomer on the internet said it's not a criminal offence to do so.

The LL can’t trespass on his own property, how can people even think it’s possible. The LL would be breaking tenancy law by entering the property but he would not be trespassing or comitting any criminal offense as he owns the property so it’s absolutely impossible to trespass etc.

Tenancy law is a civil matter and the guards will not get involved as is nothing to do with them.

airy fairy

Just an observation, please don't be offended.
But I think you need to speak to a friend or a family member to get some perspective on this

You are paying a very high rent. You have said you are struggling already.
Unfortunately it's time for you to move, regardless of the rent. With almost 2 years of paying rent at ,€1800 you have an excellent CV with regards to securing a different property to rent.
You need to sit down with a friend or family member this weekend and make a conscious decision to move. Go on the internet and start looking. You can also ask here for travel times, how full the bus would be etc.
If you're going home, then I assume it's to family, can you secure a loan from them for a deposit?
If you can't, I'm pretty sure if you were going to get a loan for a rent increase you'd get one for a deposit.
Look for a property that gives you riggle room as regards to leaving you some extra cash in your pocket every month. Don't overstretch yourself.

You sound like very nice, but someone that can be taken advantage of, so please get some help, don't do this on your own.

You've got an offer to pm someone that will give you assistance up along, please take that offer.
If I were a Dublin lass I'd meet you myself and help you find a new spot, but unfortunately I'm not.